ABHIJITH P.S. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has been arrayed as the sole accused in the instant impugned Annexure A1 FIR in Crime No.1870 of 2018 of Narakkal Police Station, Ernakulam District for offences punishable under Sections 363, 366A, 370, 376(2) (n) of Indian Penal Code and 5 l read with Section 6 of the Protection of Children from Sexual Offence Act, 2012 on the basis of First Information Statement given by the 2 nd respondent lady victim (who was then a minor) on 18.12.2018 at about 8.15 p.m. in respect of the alleged incident which happened for the period from 29.08.2018 to 28.11.2018.

(2.) The gist of the prosecution case is to the effect that date of birth of the 2nd respondent victim is 17.12.2001 and that she had completed the age of 16 years at the time of the incidents which happened for the period from 29.08.2018 to 28.11.2018 and that the petitioner/accused then aged 24 years was having a love affair with the 2nd respondent lady victim who was then a minor and that with the assurance that he would marry her he had induced her to have sexual relationship with him and that they had sexual relationship on certain occasions for the period from 29.08.2018 to 28.11.2018 and that in that regard he had induced her to go away with him to his house etc. and that thereby he had committed abovesaid offences. It is common ground that the investigation in this case has not been completed. The main ground urged by the petitioner in support of the plea for quashment of the impugned criminal proceedings is that later the 2 nd respondent victim had completed the majority age of 18 years on 17.12.2019 and that subsequently, with the blessings and consent of the families of both sides the petitioner/accused has married the 2 nd respondent victim on 16.07.2020 in accordance with the provisions contained in the Section 13 of the Special Marriage Act 1954 on 16.07.2020 and that Annexure A2 is the statutory marriage certificate dated 16.07.2020 issued by the Marriage Registrar under the provisions Section 13 of the Special Marriage Act, 1954 evidencing the solemnization and registration of the abovesaid marriage of the abovesaid parties on the abovesaid day in question and that this Court may quash the abvoesaid impugned criminal proceedings on the ground of settlement in view of the abovesaid extenuating circumstances.

(3.) Smt.N.P.Silpa, learned counsel appearing for respondent Nos.2 and 3 would submit that the 3 rd respondent is the mother of the 2nd respondent victim and that 2nd and 3rd respondents have separately sworn to affidavits on 28.07.2020 as borne out from Annexures A3 and A4 respectively stating that the entire disputes between the petitioner and 2nd respondent has been satisfactorily resolved and that with the consent of both the families the petitioner has married the 2 nd respondent as aforestated in accordance with the provisions contained in Special Marriage Act and 2nd and 3rd respondent does not wish to continue the impugned criminal proceedings as against the petitioner any longer and that this Court may quash the impugned criminal proceedings on the ground of settlement and that otherwise future married life of the 2nd respondent will be detrimentally affected if the petitioner who is her husband is forced to face the impugned criminal proceedings etc.